IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008420
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of her records to show that she was not absent without leave (AWOL) between 18 December 2010 and 18 January 2011.
2. The applicant states the type of leave she was given was hidden. She was on medical leave and her chain of command failed to extend her leave without telling her.
3. The applicant provides:
* a Department of the Treasury statement, dated 22 April 2013
* Standard Form 600 (Chronological Record of Medical Care)
* Privacy Act Consent Form, dated 6 December 2012
* Equifax Credit File printout, dated 21 December 2012
* Defense Finance and Accounting Service (DFAS) Master Military Pay Account (MMPA) History printout
* a statement of support
* two letters
* an email
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 April 2010 and she held military occupational specialty 88M (Motor Transport Operator). She was assigned to the 602nd Aviation Support Battalion, U.S. Army Garrison, Camp Humphries, Korea.
2. Based on a complaint of sexual assault filed by the applicant on 18 October 2010, the U.S. Army Criminal Investigation Command determined she had been raped on 30 September and 11 October 2010 by a fellow Soldier. She was subsequently assigned to Headquarters and Headquarter Company, 3rd Battalion, 2nd Aviation Regiment, Korea.
3. The applicant provides a Standard Form 600, dated 11 December 2010, wherein it shows she was treated on that date at the Naval Medical Center (NMC), San Diego, CA, for complications related to a failed surgical abortion. A dilation and curettage (D&C) procedure was done and she was instructed to wait at least 1 week prior to returning to Korea to ensure she remained stable. On 3 January 2011, she was seen again in the NMC for a follow-up visit and she was released without duty limitations with additional follow-up advised as needed.
4. She also provides an email from her first sergeant (1SG), dated 13 January 2011, wherein a Staff Sergeant (SSG) Bxxxxxx forwarded an emergency medical leave (EML) request for the applicant to the 1SG. The SSG stated the EML request was signed by the commander. The 1SG forwarded the form to the applicant and stated he was enclosing the form she needed for her flight. The applicant responded to the 1SG that she received the email and her flight would be departing that Sunday morning around 3AM.
5. On 9 March 2011, she was notified by her immediate commander that separation action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-17 for an adjustment disorder that was diagnosed on 10 February 2011.
6. She acknowledged receipt of the commander's intent to initiate separation action against her. She consulted with legal counsel and was advised of the basis for the contemplated separation action, the type of discharge she could receive and its effect on further enlistment, the possible effects of this discharge, and the procedures and rights available to her. She waived consideration of her case by an administrative separation action and declined to submit a statement in her own behalf.
7. Her immediate commander subsequently submitted a request for her discharge under the provisions of Army Regulation 635-200, paragraph 5-17 with the issuance of an honorable characterization of service. In this request, her commander stated that the applicant had no record of time lost due to AWOL, confinement, or any other reason (emphasis added). He also stated she had no record of derogatory information, Article 15 action, or courts-martial.
8. The approving authority subsequently approved the discharge action and directed the issuance of an Honorable Discharge Certificate. On 3 May 2011, she was discharged accordingly.
9. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she was discharged under the provisions of Army Regulation 635-200, paragraph 5-17 for a condition that was not a disability with an honorable characterization of service. She completed 1 year and 28 days of creditable active service during this period of service. This DD Form 214 does not show that she had any time lost due to AWOL or any other reason.
10. Her record is void of any information that shows she was charged with or found to be AWOL at any time during her period of military service.
11. The applicant provides a letter, dated 30 March 2012, to her from DFAS, wherein a DFAS official stated her debt in the principal amount of $5447.40 remained valid. The debt was to recoup pay and entitlements she received while she was AWOL from the military from 18 December 2010 to 18 January 2011 and they were enclosing a screen from her MMPA that reflected the AWOL.
12. The applicant also provides a statement of support, dated 15 April 2013, wherein her father, in effect, stated:
a. Prior to 23 November 2010, the applicant arrived in Seattle, WA, on a military flight and then flew to San Diego, CA, in order to have a pregnancy terminated that was the result of rape. The procedure was not allowed in South Korea. On 29 November 2010, he accompanied her to a clinic to have the pregnancy terminated. Due to complications from the termination, he took her for medical treatment to the NMC, San Diego, CA, where she was treated. She was told to get plenty of rest and her travel was restricted.
b. She contacted her unit and told them because of the treatment she received at the NMC she was unable to fly. Sergeant First Class (SFC) Sxxxxxxxx told her he would have her leave status changed to medical and would have her leave extended. SFC Sxxxxxxxx also spoke to him (her father) and stated he would take care of her leave situation. The applicant was told to email the doctor's recommendations to him and he would then tell her of her new leave dates.
c. Two weeks after New Year's the applicant received a call from SSG Mxxxx stating she was AWOL and needed to return to Korea as soon as possible. The applicant relayed what SFC Sxxxxxxxx had told her and found out that SFC Sxxxxxxxx had left the unit on a permanent change of station and did not inform anyone of her need to extend her leave for medical reasons.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that in the request for the applicant's discharge submitted by her immediate commander, he stated the applicant had no record of time lost due to AWOL, confinement, or any other reason and that she had no record of derogatory information, Article 15 action, or courts-martial.
2. In addition, her record is void of any information that shows she was found to have been AWOL at any time during her period of military service. She was honorably discharged on 3 May 2011 and the DD Form 214 she was issued does not reflect that she had any time lost due to her being AWOL or for any other reason.
3. The applicant has provided evidence that shows she was treated in a military medical facility while on leave in San Diego, CA, for complications related to the termination of a pregnancy.
4. She also provides an email from her 1SG and a statement of support by her father that support her contention that she was placed on medical leave between December 2010 and January 2011 after she was initially reported as AWOL by her unit and after her initial leave period ended. It is reasonable to presume an error occurred when the unit corrected her AWOL status but that she was still reflected as having been AWOL in the DFAS MMPA.
5. In view of the foregoing, it would be appropriate to correct her records to show that she was not AWOL at any time during her military service.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was not AWOL from 18 December 2010 to 18 January 2011 or at any other time during her military service.
_____________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130008420
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